The ability of the police dog to testify in court

Issue:   The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…

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New Jersey’s 2016 revisions to their expungement statute and applications for expungements

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions…

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Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?

State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence,  and social media friendship, text evidence and photos from texts used as evidence.  Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…

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Plain view of a gun found in a car — What is “plain view”?

STATE OF NEW JERSEY v. LEE M. TRAVERS,  Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed:  Plain view of a gun found in a car—— What is “plain view”? FACTS:   The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…

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What is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…

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Application of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…

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State v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested

State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…

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